HomeMy WebLinkAboutGarcia, Chriselda AUP 08-006n
~E IDIAN*
IDAHO
September 2, 2008
Chriselda Garcia
992 E. Crossbill Ct.
Meridian, Idaho 83642
1ZE: Accessory Use Permit application (AUP-08-006).
Dear Ms. Garcia:
~ ~ a./
MayorTammy de Weerd
City Council Members:
Keith Bird
Joe Borton
Charles Rountree
David Zaremba
This letter is to confirm the approval to operate a family day care facility for six or fewer children
located at 992 E. Crossbill Ct. and to include the following on-going conditions of approval:
1. The applicant is limited to six children at the facility per day, excluding the applicant's own
children.
2. The applicant shall maintain the approved on-site vehicle pickup, parking and turnaround
areas. The applicant shall also maintain the approved design of the outdoor play areas.
3. Hours of operation shall be between 6:00 a.m. to 11:00 p.m. Outdoor play areas shall not be
used after dusk.
In no way shall the family day care cause the premises to differ from its residential character
in appearance, lighting, signs, or in the emission of noise, fumes, odor, vibrations, or
electrical interference.
Failure to meet the above stated conditions shall be deemed a violation of the Unified Development Code.
The applicant, Director, or a party of record may appeal this decision or a condition of approval by
requesting City Council review of this decision. All requests shall be filed in writing with the Planning
Department within fifteen (15) days of the date of this letter and comply with the provisions of UDC 11-
SA-6B.
Sincer ,
~~ VYI~J?.~.V
Sarah Wheeler for
Anna Borchers Canning, AICP
Planning Department .660 E. Watertower Street, Suite 202, Meridian, ID 83642
Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org
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f' fI$VE REVIEW APPLICATION
Type of Review Requested (check all that apply)
::_ ~lccessoryUse
^ Alternative Compliance STAFF USE ONLY: p Q
~ Certificate of Zoning Compliance File number(s): ~ U f ~ ~ [,' ~ ~ ~/J
O Conditional Use Permit Minor Modification
O Design Review -
^ Private Street C-~~rc1` ject name: f
^ Property Boundary Adjustment
O Short Plat Date filed: $ l7~ Date complete:
^ Temporary Use Certificate of Zoning Compliance Assigned Planner: SCt rc, ~ W ~.A..a (e 1
^ Time Extension (Director) Related files:
^ Vacation
^ Other
Information
Applicant name: L_Xl `1 S~IIX~ (_~CC G~_ a`.
Applicant address: ~,? ~"~ ~ I U~ 6) ~ ~ (o~l
Applicant's interennsteoin propertylI: __~r' I~Own O Rent ^ Optioned ~ Other
Owner name: _ 4~ 11* ~ e l.G~'~ ~ ~ i~ ~C ~\a--
Owner address: ~ /~'~-
Agent name (e.g., architect, engineer, developer, representative):
Firm name:.. - ~-
Address:
Primary contact is: Applicant Owner ^ Agent ^ Other
Contact
E-mail:
Information
Location/street address:
Assessor's parcel number(s): ~-~~ a ~~"~ ~3b
Phone:
Zip:
Phone: ~~~7
Fax:
Township, range, section: ~3 ! V ~ R- ~ !J ,~G,~ Total acreage: ~s ~ ~'
p ~-1- -.,.----r
Current land use: IL-Y-'~ ! ~ r'1--'~ ~ Current zoning district: ~!~
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
1 (Rev. 912//06)
Phone: ~~
Zip: ~~~[
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Phone: ~~
Zip:
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Project Description
Project/subdivision name:
description of proposed
Proposed zoning district(s):
Acres of each zone proposed:
Type of use proposed (check all that apply):
^ Residential ^ Commercial ^ Office ^ Industrial ^ Other
Amenities provided with this development (if applicable):
Who will own & maintain the pressurized.irrigation system in this development?
Which irrigation district does this p;operty lie within?
Primary irrigation source: Secondary:
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is Ciry water):
Residential Project summary (if
Number of residential units: Number of building lots:
Number of common and/or other lots:
Proposed number of dwelling units (for multi-family developments only):
1 Bedroom: p,,,2~'or more Bedrooms:
r~'
Minimum square footage of structure(s) (excl. garage} Proposed building height: _
Minimum property size (s.f): Average property size (s.f.):
Gross density (DU/acre-total land):
Percentage of open space provided:
Percentage of useable open space:'
Net density (DU/acre-excluding roads & alleys):
Acreage of open space:
(See Chapter 3, Article G, for qualified open space)
Type of open space provided'in acres (i.e., landscaping, public, common, etc):
Type of dwelling(s) pr~Sosed: ^Srngle-family ^ Townhomes ^ Duplexes ^Muiti-family
Non-residential Project Summary (if applicable)
Number of building lots: ~~ Other lots: -~
Gross floor area propo d: U ~ fisting (if applicable?~~ ~ uSE~ 13'd~-~-
Hours of operation (days and hours): -'~~^'- ~ ~~ ~;PY-~`~-- Building height: '~
Percentage of site/project devoted to the following:
Landscaping: Building: Paving:
Total number of employees: ~ Maximum ployees at any one time:
Number and ages of students/children (if applicable): ~-- ~ Seating capacity:
Total number of parking spaces provided: ~ umber of compact spaces provided:
Authorization
Print applicant name: i h~-1
Applicant signature: /~~!/GGOGt ~~~()if.~//~-"' Date: `'7 ~ 1 ~~
660 E. Watertow e, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
2
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992 Page 1 of 1
ARMOLEA JOANNE C & ARMOLEA
TONY S
1054 E CROSSBILL CT
MERIDIAN, ID 83642-0000
BISHOP MICHAEL & BISHOP BRENDA L
1470 N INEZ PL
MERIDIAN, ID 83642-0000
ARCIA JULIO C & GARCIA CHRISELDA
992 E CROSSBILL CT
MERIDIAN, ID 83642-4045
JOHNSON ELNORA L & JOHNSON
ELNORA L TRUSTEE
~1/ 8306 W STATE ST
BOISE, ID 83714-0000
OLIVAS JOSEPH F & GOLDER TARA L
/1466 N INEZ PL
MERIDIAN, ID 83642-0000
/VON THADEN ANDREW M
Y/ 997 E CROSSBILL CT
MERIDIAN, ID 83642-0000
BAKER ROGER L & BAKER LAURIEL L
/4122 NE BROADWAY
PORTLAND OR 97232-0000
BROWN TIMOTHY J & BROWN LISA A
472 N INEZ PL
MERIDIAN, ID 83642-0000
HINES DERIK K
1069 E CROSSBILL CT
MERIDIAN, ID 83642-0000
JORDAN STEVEN M
X1033 E CROSSBILL CT
MERIDIAN, ID 83642-4017
STERLING CREEK HOMEOWNERS
;,ASSOCIATION
PO BOX 5533
BOISE, ID 83705-0000
BISCHOFBERGER EDWARD JAMES
TRUST
11137 W BOX CANYON CT
STAR, ID 83669-0000
DANBURY FAIR HOA INC
~O BOX 5714
BOISE, ID 83705-0000
INITIAL POINT OWNERS ASSOC INC
L~ PO BOX 1131
MERIDIAN, ID 83680-0000
~IORGAN SCOTT W & MORGAN JODI
S /1020 E CROSSBILL CT
MERIDIAN, ID 83642-4016
STERLING CREEK HOMEOWNERS
ASSOCIATION
PO BOX 5533
BOISE, ID 83705-0000
~jQirE IDIAN*
IDAHO
August 7, 2008
MayorTammy de Weerd
City Council Members:
Keith Bird
Joe ~Borton
Charles Rountree
David Zaremba
RE: Notice of pending approval for the operation of a Family Day Care for six or fewer
children located at 992 E. Crossbill Ct., Meridian, Idaho 83642.
To Whom It May Concern:
The Meridian Planning Department is reviewing an application to operate a family day care for
six or fewer children located at 992 E. Crossbill Ct. If the application is found to comply with the
Unified Development Code (UDC) Titlel 1, Chapter 4, Section 3-9, it will be approved on
August 22, 2008. UDC 11-4-3-9 is available for review at:
http://www.meridiancit~org/planning zoning/index.a~.
Following approval, the applicant, Director, or a party of record may appeal this decision or a
condition of approval by requesting City Council review of this decision. All requests shall be
filed in writing with the Planning Department no later than September 5, 2008 and shall comply
with the provisions of UDC 11-SA-6B. The application for-City Council Review is available on
our website at www.merdiancity.or~, or upon request from this office. For additional information
about this decision or about your right to appeal, please contact this office at 884-5533.
Sincerely,
(~~~
Sarah Wheeler for
Anna Borchers Canning, AICP
Planning Director
Planning Department .660 E. Watertower Street, Suite 202, Meridian, ID 83642
Phone 208-884-5533 . Fax 208-888-6854. www.meridiancity.org
~ ~
CITY OF MERIDIAN PLANNING DEPARTMENT ACCESSORY USE STAFF REPORT
DATE: August 5, 2008
TO: Anna Canning, Planning Director E IDIAN~--
IpAHU
FROM: Sarah Wheeler, Assistant City Planner
SUBJECT: Application for a family day care facility by Chriselda Garcia
Request to Operate a Family Day Care Facility for Six or Fewer Children out of her home
located at 992 E. Crossbill. Ct.
We have reviewed this submittal and offer the following comments:
APPLICATION SUMMARY
The applicant, Chriselda Garcia, has requested. approval to operate a family day care facility for six or
fewer children out of her home located at 992 E. Crossbill Ct., Meridian, Idaho.
The property is zoned R-8, which allows for a family day care facility with written approval from the
Planning Director.
LOCATION
The property is located at 992 E. Crossbill Ct. in the NE'/4 of T. 3N., R. lE., Section 7.
.APPLICABLE CODE
Section 11-4-3.9 of the Unified Development Code (UDC) for the City of Meridian lists specific criteria
for day care facilities that serve children:
1. In determining the type of day care facility, the total number of clients cared for during the day
and not the number of clients at the facility at one time, is the determining factor. In the case of
a child day care, the operator's children are excluded from the number.
2. On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge
and pickup of clients.
3. The decision-making body shall specify the maximum number of allowable clients and hours of
operation as conditions of approval.
4. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be
between 6:00 a.m. to 11:00 p.m. This standard may be modified through approval of a
Conditional Use Permit.
5. All outdoor play areas shall be completely enclosed by minimum six-foot (6') non-scalable
fence to secure against exit/entry by small children and to screen abutting properties. The
fencing material shall meet the swimming pool fence requirements of the Building Code in
accord with Title 10 of the Meridian City Municipal Code.
6. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any
required yard.
AUP-08-006 Garcia, Chriselda PAGE 1
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CITY OF MERIDIAN PLANNING DEPARTMENT ACCESSORY USE STAFF REPORT
7. Outdoor play areas in residential districts adjacent to an existing residence shall not be used
after dusk.
S. In no way shall the family day care cause the premises to differ from its residential character in
appearance, lighting, signs, or in the emission of noise, fumes, odor, vibrations, or electrical
interference.
9. Off-street parking shall be provided as set forth in Section 11-3C-6 of this Title, in addition to
the required off-street parking for the dwelling.
STAFF RECONIMENDATION
Staff recommends approval of the accessory use for Chriselda Garcia with the comments noted above and
following on-going conditions of approval:
1. The applicant is limited to six children at the facility at one time, excluding the applicant's own
children
2. The applicant shall maintain the approved on-site vehicle pickup, parking and turnaround areas.
The applicant shall also maintain the approved design of the outdoor play areas, ~ including
fencing.
3. Hours of operation shall be between 6:00 a.m. to 11:00 p.m. Outdoor play areas shall not be
used after dusk.
4. In no way shall the family day care cause the premises to differ from its residential character in
appearance, lighting, signs, or in the emission of noise, fumes, odor, vibrations, or electrical
interference.
AUP-08-006 Garcia, Chriselda PAGE 2
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AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
I,
(name) (address)
(city) (state)
being first duly sworn upon, oath, depose and say:
1. That I am the record owner of the property described on the attached, and I grant my
percussion to:
(name)
(address)
to submit the accompanying application(s) pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herena or as to the ownership of the property which is the subject of the application.
3. I hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
Dated this day of , 20,
(Signature)
SUBSCRIBED AND SWORN to before me the day and year fast above written.
(Notary Public for Idaho)
Residing at:
My Commission Expires:
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Return To:
NEW FREEDOM MORTGAGE CORPORATION
ATTN: FINAL OOCS
2363 SOUTH FOOTHILL DRIVE
SALT LAKE CITY. UT 84109
~~ By:
Tiffany Chip
2363 SOUTH FOOTHILL DRIVE
SALT LAKE CITY. UT 84109
[S~ Abore Rtie IJoe For ttecord-ea nat.J
-~---
~`"`° °f Ian DEED OF TRUST
GARCIA,J269839 121-2267267-703
269839
MIN 1000360-0000269839-3
THIS DEBD OF TRUST ("Security instnmtatt") is made on August 10 , 2005
TheCuantor;s JULIO C. GARCIA and CHRISELDA GARCIA, HUSBAND AND WIFE
("Borrower"). The trustee is TRANSNATION TITLE & ESCROW
701 S ALLEN ST STE 108. MERIDIAN. ID 83642
('Trustee"). Tlro ber~clsry is Mortgage ffiectronic Registration Systems, Inc. ("HERS"). (solely as nominee for
Lender. as lte<eioafter defined, and Lender's succeasots and assigns). MBRS is organized and e~cisting under the laws
of Deiawate, a>~ has an address anti telephot>e number of P.O. Box 2026, Flint, MI 48301-2026, W. (888)
679-HERS. NEW FREEDOM MORTGAGE CORPORATION
("Leader") is organized and existing under the laws of THE STATE OF UTAH ,and
has an address of 2363 SOUTH FOOTHILL DRIVE. SALT LAKE CITY. UT 84109
. Borrower owes Lender the principal sum of
One Hundred Twenty Nine Thousand Thirty Six and no/100
Dollars (U.S. a 129, 036.00 ).
This debt is evidenced by Borrower's note dated the same date as this Security Insttrtment ("Note°), which
provides for tnottdily payments, with the fldl debt, if trot paid earlier, due and payable on September 1, 2035
.This Security Insttutixm secures to Iatder: (a) the ropaym~t of the debt avideaxd by the
Note, with itmzest, and all renewals, extensions and r~difications of the Note; (b) tiro payment of all other sutffi,
t1HA Itdho Dead or Tnrt wtf6 MGRS -4/96
t~~4Nlrol asosi p~~y.~9B
Pps t d 8 MIIY Q7/YO.OZ INtI~N: ~(A
VMP Mplpp SduUw ICOOIOY1J3i7
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with interest, advanced under paragraph 7 to protect the sec»rity of this Security Inet<umatt; and (c) the perfolmacee
of Borrower's covenarus and agteem~tu under this Security Inantlment std the Note. For this purpose, Borrower
irrovocably grants and oom~eys to the Trostee, to trust, with power of sale, the following described property located
in ADA County, Idaho:
LOT 9 IN BLOCK 8 OF DANBURY FAIR SUBDIVISION NO. 4, ACCORDING TO THE OFFICIAL
PLAT THEREOF, FILED IN BOOK 68 OF PLATS AT PAGES 6961 AND 6962, AND AMENDED BY
AN AFFIDAVIT RECORDED FEBRUARY 10. 1995 AS INSTRUMENT 95009313, RECORDS OF ADA
COUNTY, IDAHO.
Parcel iD Number: 81724210030
which has ttx addrresa of 992 EAST CROSSBILL COURT tsooeetl
MERIDIAN Icrry),Idaho 83642 t~+pcodel(•PropertyAddraas°);
TOGETHBR WITH all the imgtrovemeAts now or ltereafoer erected on the property, and aU ,
appurtenatrcea and fixtures now or hereafter a part of the property. All replacements and additions shalt also be
covered by this Security Instntm~t. Ali of tl~ forogoing is referred to in this Seauity hrstrtrmwt as the `Property "
Borrower understands and agrees that MFRS holds only legal titre to the interests granted by Borrower in this
Security Instrument but, if nxessary to comply with !aw or custom, MGRS, (as nominee for Lender std Lender's
successors and assigns), has the right: to ex~ciee any or all of those interests, induding, but not limited to, the right
to forecloce and sell the Property; and to tape any action required of Lender including, but mt limited to, releasing or
canceling this Security Instrument.
BORROWt~t COVENANTS that Borrower is lawfully aeiaad of the estate hereby conveyed and has the tight to
grant and convey the Property a~ tbrN the Property is w-encuntbered, except for ~ of retwrd. Borrower
watnms and will defend generally the title m the Property agaiau aU daiau std desnanda, subJect to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covettamts fot national use and non-uniform coventnats
with limited variations by juriadiaion to constitute a uniform security instrument coverhtg real property.
Borrower and Lender ooveaant and agree as follows:
UNIFORM COVENANTS.
i. Payraeed of Principal, Interest and Late Charge. Borrower shalt pay when due the principal of, and
interest on, the debt evidenced by the Note and lie charges due under the Note.
2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in e~h momUily
payment, together whit the principal and interest ere set forth in the Note amd arty late charges, a sum for (a) taxes and
special asaessmmts levied or to be levied against the Property, (b) leasehold payments or ground r~ oa the
Property, a>d (c) premiums for insurance required under paragraph 4. In any year is which the Lender natal pay a
mortgage insurance premium to t~ Secretary of Housing and Urban Developmeru ('Secretary°), or in any year in
which suds premium would have beam Inquired if Lender still held the Security Insnvment, each mottUtlY FaY~
shall also include either: (i) a sum for Ure aamral mortgage insurance pr~rtium to be paid by Leader to the Secretary,
or ('ri) a monthly dtarge instead of a mortgage insurance premium if this Security IltstrurrteAt is held by the Secretary,
in a reasonable amount to be determined by the Secretary. Except for the monthly drazge by the Secretary, these
items are called "Barrow Rama" sad the soma paid to Lender are called "t3scrow Flntds."
Linder may, at any time, collect a~ hold aunts for Farrow Items in an aggregate amount ~t to exceed the
maximum aatormt that may be required for Borrower's escrow account omelet the Real Estate SetUememt 1'racedures
Ad of 1974, 12 U.S.C. Section 2601 et seq. aad impliltg regulations, 24 CPR Part 3500, as they may be
idnw: ~~
-4sNID) pins r.so a of e
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~~ from time ~ time ("1tBSPA7, excxpt that the cushion or reserve permitted by RBSPA for unanticipated
disbursements or disbursartents before the Borrower's payments are available is the accotmt may rot be based on
amounts due for the mortgage inswantxi premium.
If the amounts ttdd by Lender for 13acrow Items exceed the arnottota permitted to be luld by 1;fiSPA, Lender
shall account to Borrower for the exrxes funds as required by RBSPA. If the amounts of funds held by Lender at arty
time are not sufficient to pay the Bscrow Itar~ when due, Condor may notify du Borrower sari require Borrower to
make up the shortage as permitted by RESPA.
17u Escrow Funds are pledged as additional security for all sums secured by this Security Instn~eat. If
13orrovrer renders m lender the itrtl payment of all such seam, Borrower's acoourrt shall be credited with the balance
remaining for all irmtalltrrent items (a), (b), sari (c) and say mortgage insurance premium irntallment that Leader has
rat become obligated to Par to the Secretary, and Lender shalt Promptly refund any excess flrrtds to Borrows.
Immediately prior to a forealoaure sale of the Property or its acquisition by Larder, Borrower's aaxxutt shall be
credited with arty balance ranainhtg for all instaitmeffis for items (a), (b), and (c).
3. Applkatlea of Paytnenb. All paymatts under paragraphs 1 and 2 ehail be applied by i:.eader as follows:
Fes, to the mortgage insurance prernium to be paid by Lender to the Secretary of to the monthly tdtarge by the
Secretary instal of the mthly mortgage insurance premium;
to any taxes, spacial assessments, leasehold payments or ground rents, and fue, flood and other hazard
insurance Premiums, as Te4~;
1hiLSl, m Interest due under rho Note;
to amortization of flu prlaeipal of the Note; and
to late charges due under the Note.
4. Flee, Hood and Other Hazard Iaeuraace. Borrower shall insure ail improventents on the Property, whether
raw is exiatatce or subsequently erected, against any hazards. casualties, and contingencies, iraluding free, for which
Letrder requires insuraoce. This insurance shall be maintained in the amounts sari for the periods that Lender
requires. Horrov~ror shall also insure ail improvements on the Property, wite~ mw in existence or subsequently
erected, against toss by floods to We extatt requited by the Secrerary. All irtsurartce shall be cerried with oompaoies
approved by Leader. The insurance policies and any renewals shall be told by Lender sari shall include loss payable
clauses in favor of, and to a form acceptable to, Leader.
In the event of loss, Borrower shall give Larder immediate notice by mail. Lender may make proof of !ces if not
made Promptly by i3orrowa• Bach insunr~e oompagy cotxxraed is hereby authorized amt directed to malae Payment
for such loss diretxly to tender, instead of to Borrows attd to L,r~er joitu~y. AU or say part of ttre insuratta
procaods may be applied by Lender, at its option, eitlter (a) to the reduction of flu indebtedness under the Note and
this Security Irrsntrmant, fast to any delirtrptatt amounts applied in the order in paragraph 3, and then to prepayment
of principal, or (b) to the restoration or repair of t!u daauged Property. Arty application of the protaeds to the
principal shall not extend or postpone the due date of the monthly payments which ate referred to in paragraph 2, or
change the amount of such payateats. Any excros insurance proceeds over an amount required to pay all outstanding
indebtedness utrdar the Note and this Security Instrument shall be paid m the entity legally entitled thereto.
In the event of foreclosure of this Security Inatrrrment or other traosf~ of title to the Property that extinguishes
the indebtedness, all right, title sari intearat of Borrorer in and to irrstnsetce policies in force ahaU passe to the
purchaser.
S. Occupancy, Preservation, Malntettance and Protectlon of the Property; Borrower's Loan Appiicatton;
Leaseholds. Borrower shall occupy, establish. sad use the Property as Borrower's principal residence within sixty
days after the execution of this Security Ltstrumeat (or within sixty days of a later sale or transfer of the Property)
and shall continue to occupy the Property as Borrower's principal residence for at last one year after the date of
occupancy, unless Lender daertnines that requirement will cause undue hardship for Borrower, or unless extenuating
circumstances exist which are beyond Borrower's entrtrol. Borrower shall notify Lender of any extenuating
circumstances. Borrower shall rat commit waste or destroy, damage or substantially change the Property or allow the
Property to deteriorate, reasonable wear and ear exixpted. Lender may inspect the Property if the Property is vacua
or abandoned or the loan is in default. Lender may take rasonable antion to protect and preserve such vacant or
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abandoned Property. Borrower shall also be fa default if Borrower, during the loan application grocers, gave
materially false or inaxurate information or status to Leader (or failed m provide Leader with atry material
information) in connection with the loan evidenced by the Note, including, but not limited to, representatioae
coticaning Borrower's occupancy of the Property as a principal residaroe. If this Security Iashument is on a
leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquiros fee title to the Ptopaty, the
leasehold and foe title shall not be n-ergod uNesa Lander agtoea to the merger is writing.
6. Coadannation. The proceeds of any award or claim for damages. direct or consequential, is connection with
any condemaatioa of other taking of arty part of the Property, or for wnveyance in place of coadenmation, are
hereby assigrbd and shall be paid m Leader m the extent of the full amount of the indebtedrteaa that remairta unpaid
under the Note and this Security Instrument. Lender shall apply suds proceeds to the reduction oP the indebtedness
under the Note and this Security Instrtrrnatt, first to airy ddittgttent amounts applied in the older provided in
paragraph 3. and then to pr~ayment of principal. Any application of the proceeds m ti>a priadpal shall not extend or
postpone the due date of the monthly payments, wdtlch are refuted m in paragraph 2, or dwrgo the amoum of such
Payments. Aqy excess ptnceods over as ataoum required m pay all outataadiag iodebtedrresa under the Note and this
Security Iasuument shall be paid to the entity legally entitled therein.
7. Changan to Borrower and Protectlat of header's Rights io the Yropaty. Hotrower shall pay all
govemntentai or munidpal charges, ferns std impositions that are trot ittduded in paragraph 2. Borrower shall Pay
these obligations oa time directly m the entity whidt is owed the payment. If failure m pay would adversely affect
Lader'a iataeat in the Property. upon Leader's inquest Borrower shall promptly drraiah ro Lender receipts
evidencing these payments.
If Borrower fails m make these payments err the payments requimd by PuaBmPh 2, or fails to perform any other
covenants and agreements contained in this Security [nstrtmaent, or then is a legal P~8 tdst ~Y aigni6csntiY
affect Lender's rights in the Property (such as a proceeding in baniatrptcy, for co~emoation or to enforce laws or
regulations), then Lender may do and pay whatever is necessary m protect the vahre of the Proparty and bender's
rights in the Property. including Payment of taxes, hazard iosutsnce and other itenos mentioned in paragraph 2.
Any amounss disbursed by Laden utd~ this paragraph shall become as additional debt of Borrower and be
secured by this Security instnartent. 77rese amounts shall bear interest from the date of disbursemart, at the Note
rde, sad at the option of Lends, shall be iaunediately due and payable.
Borrower shall promptly discharge any lien whic4 has priority over this Security Inatrumeat unless Borrower:
(a) agrees in writing to the payment of the obligation secured by the lien in a manner acaptablo m Lender; (b)
coatosta is good faith the lien by, or defends against enforcanent of the lien ut, legal Proceedings which in the
Lender's opinion operate m prevent the enforceoteat of the lien; or (c) secures from the holder of the tier as
agreement satisfactory m Larder subordinating the liar m this Security It-shument. Tf Laden determines that enY P~
of the Property is subject m a lien which may attain priority over this Security Instrument, Loader may give
Borrower a notice identifying the lien. Borrower shall satisfy the lien or take oen or arore of the actions sat forth
above within 10 days of the giving of notitx.
8. Foes. Leader may oollect fees and duugea authorized by the Secretary.
9. Grounds for Acodaatioa of Debt.
(a) Ddault. Larder may, eauxpt as limited by regulations issued by the Secretary, in the case of payment
defaults, require immediate payment is full of all sums segued by this Seaulty h>strt~ment if:
(i} Borrower defaults by failing m pay in frill any nmat6lY PaY~ m9~rod by this Security hrstnrarortt
prior m or on the due date of the matt monthly payment, or
(ii) Hormwer defaults by failing, for a period of thirty days, to perform any other obligations contained
in this Security Irrstrumart.
(b} Sale Without Credit Approval. Lender shall, if permitted by applicable law (indud'wg Section 341(d)
of the dam-St. t:,etmain Deposimry Institutions pct of 1982, 12 U.S.C. 170ij-3(d)) sod with the prior
approval of the Secretary, require immediate payment in full of al! sums secured by this Security Inattument
if:
-4NIm1 aao6> PaB.4 of B ~~
.,.,r
(ij All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold
or otherwise transferred (other rhea by devise or descent), and
(ii) The Property is rent ocxupied by the purchaser or grantee as hie or her principal residence, or the
purchaser or gratee does w ocxupy the Property but his or her credit has not been approved in
accordance with the requirements of the Setxetaty.
(c) No Waives. If ciratmstaaoes ocau that would permit Lender ro require immediate payment In full, but
Leader does tent requiro artch Payments, Leader dose sot waive ire rights with respect to subsequent events.
(d) Regalafiars of H[JD Setretary. In many circumatsnces reguhuions issued by the Secretazy will limit
Lender's rights, In the case of payment defaults, ro require immediate paymatt in full sod foreclose if not
paid. This Sauriry Irtswment doe not authorise acceleration or foreclosure if not permitted by regulations
of the Secretary.
(e) Mortgage Not Irrared. Borrower agrees that if this Security Instntment and the Noto are not determined
ro be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender
may, at its oprion, require immediate payment in full of ail sums secured by this Security Instnmtertt. A
written statartent of airy authorized agent of the Secretary dated subsequent ro 60 days from the dace hreof,
declining ro insure this Security Ltstrutrrottt and the Note. shall be deemed conclusive proof of such
ineligibility. Notwithstanding the foregoing. this option may not be exercised by Leader whey the
unavailability of inaurarrce is solely due to Leader's failure to rmtft a mortgage Insurance premium ro the
Secretary.
10. Reb3edatement. Borroaror hav a right ro be reinstated if Lender has required irr~ediate payment in full
because of Borrower's failure ro pay as amount due under the None or this Severity Inahttment. This right applies
evut after foreclosure proceedings are instituted. To reinstate the Security htatnmrent, Borrows attali tetrder in a
lump sum all smormts required ro bring Bottnwea's account carrretrt itroluding, ro the extent they are obligations of
Borrower under this Security htstrttment, foreclosure cats and reasonable a>d vestomary attorneys' fees and expenses
properly associated with the foteclaure proceeding. Upon reinstatettteat by Borrower, this Security Instrument std
the obligations that it secures shall remain in effect as if Lender had not tmmediate
PaY~t in full.
However, Leader is not required ro pettnit roiwatatement if: (i) Lender has aaxpted reinstatromatt after the
comet of foreclosure proceedings within taro years itnmexliatdy preceding the commancanent of a ctrrrettt
foreclauro Proceeding, (ii) teinatatematt will pteclttde foreclosure on different grounds in @te future, or (iii)
reittstateatatt will adversely affect the priority of the lien croated by this Security Inshumeat.
11. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of tiro tithe of payment or
modification of amortization of the earns secured by this 5a:uriry Ltsttttrtreat granted by Lender ro any suaxsror in
inter of Borrows shall >mt operate ro release the liability of the origimd Horrovwer or Borrower's successor in
interest. Lender shall trot be tequrted ro oomtt>ence proceedings agaittat any sttcceasor is interest or refuse to extend
time for payment or otherwise tttodify amortization of tiro aura seatred by this Security Instrume,~ by reason of any
demand made by the original Borrower or Borrower's successors in interest. Arty forbearance by Lender in exercising
a~ right or remedy shall trot be a waiver of or preclude the exercise of any right or remedy.
12. $utxessors and A~igae Board; Joint and Several LiaWiity; co-Signers. T!ro covwants and agrameats
of this Severity Instntmvet shell bind and benefit the successors s~ assigns of Leader and Botmwer, snbjecx to the
provisions of paragraph 9(b). Borrower's covenants sod agtemtroots shall be joint std several. Any Borrower who
co-signs this Security lnattvtnent bnt does not exectrte the Note: (aj is tro-signing this Seauity Inatrutttetnt only to
mortgage, grant and convey that Borrower's intermit in the Property ruder the terms of this Searrity Instrument: (b)
is mt personally obligated to pay the stttrffi seated by this Seatriry Instrument: and (c) agcem that Leader a~ any
other Borrower may agree ro extved, rttodify, ibrbear or melee any acootnmodade>a with regard ro the tex~ of this
Severity Instrument or the Note without that Borrower's consent.
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~~419Ia7t 103061 Pepe 6 of 8
_._
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13. Notices. Any notice to Borrower provided for is this Security Itutntntent shall be given by ddivai~ it or
by mailing it by first class [nail unless applicable law requires use of another method. The notice snail be directed to
the Property Addr+esa or any other address Borrower desigmtea by notice to Leader. A~ notice to Laden shop be
given by first class snail to Leader's address stated herein or a~+ addroas Lender designates by aotice to Borrower.
Any notico provided for in this Security hratntm~t shall ba deemed ro have beat givat to Borrower or Leader whin
giver as provided in this paragraph.
14. Govanlog I,aw; SeverablUty. Thin Seatrity htstrurnent shall ba governed by Federal taw and the law of
the jurisdiaioa in which @ta Propatty is located. In the evau that any provision or clause of this Sewrity Iashumatt
or the Note conflicts with applicable law, such oonflia shall lint affesx other provisioffi of this Saeurity htstnmrant or
the Nom which can be givai ef[ax without the cottfiitxing provision. To this std the provisions of this Security
Inauvment s~rtd the Note are declared to be severable.
iS. Boarower's Copy. Botrowa~ shall be given oce conformed Dopy of the Note and of this Security
Insttument.
16. Iia:ar'dotts Sabatanoes. Borrower shall rwt cause or permit the presence. use. disposal, storage, or release
of any Hazardous Substacees on or in the Property. Borrower shall ~t do, nor allow anyone else to do, anything
affecting the Property that is in violation of any Bnviromtxntal Law. The preceding two aentattces shag >»t apply to
the presatce, use, or storage on the Property of small quantities of Hazardous Substataxs that am generally
recognized to be appropriate to normal tesideatiat uses std to maintma>xe of the Property.
Bortmva~ shall promptly give Linder written notice of any investigation, claim, demand, lawsuit or other action
by any goverameatai or regulatory agency or private party involving the Property and any Hazardous Substance or
Eavironnnental Law of which Borrower has actual knowledge. Tf Borrower learns, or is notified by any govemtrteatal
or regulatory authority, that any removal or other rsmtediation of any Hazardous Substances affeaiag the Property is
necessary, Borrower shag prompdy Lake all trocxasary remedial ~tiona in accordance wilt Envitonmantai Law.
As used in this paragraph 16, "Hazardous Substances" are those substances defu-ed as Wxic or hazardous
substatxx;.s by Environntattal Law a~ the following substar~: gasoline, keroswe, other flammable or toxic
peholeum products, toxic pesticides and herbicides, volatile solvwts, materials containing asbestos or formaldehyde,
and radioactive materials. As used in this paragraph l6, "Environateatal Law" means foderal laws and laws of the
jurisdiaioa where the Property is lotxted that relate to health, safety or eatvirwutrntal protaxion.
NON-UNIFORM COVENANTS. Borrower std Lender further covemrrt anti agree as follows:
17. AssiQomeat of Rents. Borrower unconditionally aaslgns and transfers to lender all the reins std reventtos
of the Property. Borrower autlwrizes Lender or L.~der's agents to collect the [stns and tevmuea and hereby directs
each tenant of the Property to pay the rang to Lender or Leader's agatta. However, prior to Lender's notice to
Borrower of Borrower's breach of any ooveruuu or agreeantettt in the Security Inatntment, Bontower shall collect and
receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. Thin assigmnent of
rents oonadtutes an absolute assignment and ~t an assignment for sddidonal security only.
If Lender gives notice of breach to Borrower: (a) cep rents recaved by Bortower shall be hdd by Borrower as
tnrsme for benefit of Loader ody, to be applied to the sums secured by the Security htattttmear, (b) Lender shall be
entitled to collect and receive all of the rents of the Property; std (c) each [areal of the Property shall pay all rents
due and unpaid to Lender or Lender's agent on Calder's written demand to the tenant.
Borrower has cwt exectmd any prior easignmeat of the rents and has not and will not perform any aCt that would
prevent Lender from exorcising its rights order this paragraph 17.
Leader shall trot be required to attar upon, take coturoi of or maintain the Property before or after giving twtice
of broach to Borrower. However, Calder or a judicially appointed receiver may do so at any dine titers is a breach.
Any application of rents shall not talcs or waive any default or invalidate any other tight or remedy of Linder. This
assignment of rents of the Property shall Laminate whey the debt secured by the Security LtstrutueM is paid in full.
-4tWn)i 109061 p.p" 6 d 8 N*~r~~~~~
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18. Foradoam+e Procedure. Tf Lender requires immediate paytttestt to tYell under' paragraph 9, Lestder may
tnvdce the power of sak and any other remedies permitted by appncablo law. Lender' shall be welded to Dolled
all e:pertses incurred in pnrsniog the rwredies provided in this paragraph 18, indudiog, but not nmlted to,
reasonable attonceys' fees and costa of title evldwce,
If Lender Invoke the power of sale, Lwder span etteente or cartes Trustee to euecute written nonce oP the
oaurrerrce of sn event of detault and of Lender's detdlat to cause the Property to be sold, and shall cmtse each
notice to be remrrkd in each manly is which say part of the Property Is located. Lwder or Trustee shall man
copies of the entice as prescribed by applcaHle law w Bm:ower sad to other persons prescribed by eppikable
law. Trustee shall give public notice of sale to the ptamrn sad hr the manner prescribed by applicable taw.
Attar the time required by sppncabk htw, Trustee, without demand on Borrower, shoo sell the Property at
pnbncandloo to the highest bidder st the time seal place and under the tends desipated in lice notice of ask in
one or more parcels atsd to arty order Trustee determines. Trustee may postpone sale of all or any paroel of the
~Per'tY by public amtoutcewewt ere tits time and place o[ auy previaudy adredukd eels. Lender or its aesigaee
~Y Pie ~ Propnty at any sale.
Trustee shall deliver ~ the pmrd Trustee's deed maveyiug the Property without any mreaaat or
warranty, etrpreeeed or hnplicd. The raitals is the Trostce'e deed shun 6e psima fade evidence oP the trm6 of
the sd-tanwa made therein. Tntstee shsn apply the proceeds o[ the eels m the fonowkg order: (a) to an
espetuas of the rile, indudiog, but not limited to, reaeawbie Trostee'a and attorneys' fees, tb) to all susm
sexur+ed by this 8etatrity 1[natramwt; and (c) any to the petwon or persons legally e~ltkd to h.
IP the Lender's interest to this Security Iastrumeot b held by the secretary and the T regntree
immediate payment in fall ender Paragraph 4, the Setxetary may invoke the noq~erdicial power of sale
provided in the Single Family Mortgage Forecloserre Act of 1994 ("Ad's (12 U.S.C. 3751 ex seq.) by rogtsesdng
a foreclosure commiraiorrer designated ands the Act to commence forerioeaa+e and to sell the Property as
provided in the Act. Nothing Ga des preceding swteoce shall deprive the secrdary of any rights other~eise
avanabk to a Lends under this Paragraph 18 or sppncable law.
19. Reoonveyance. Upon payment of all sums setaut:d by this Secuity Irrstrttment, Leader shall request Trustee
m rtxottvey the Property erred shall attrrwder this Security Iagtrunrent asd all notes evidemiag debt setatred by this
Security Instrument to Trusts. Trustee shall reconvey the Property withom warranty asd without charge to the
person or persona legally entitled to it. Such person or pertaos shall pay a~ recordation coats,
Z0. 3uhstltate Trustee. Lender may, for any reason or cause. fmm time to time remove Trustee asd appoint a
stttxessor trustee to arry Trustee appoimed hereunder. Withotu conveyance of the Property. the successor trttstce shall
succeed to all the title, power and duties conferred upon Trustee herein and by applicable law.
21. Area and Laptdon of Property. Hither the Property is cot Hare titan forty acres in area or the Propexty is
located within an incorporated city or village.
22. RideYS b this Security Inttfnrmwt. If one or morn riders are executed by Borrower a~ recorded to8ether
with this Security Instrument, the ooveaattts of each such rider siren be incorporated itrto and shall amend anti
supplement the mveoama and agreements of this Security Inatruarerrt as if the rider(s) were a part of this Security
Instrumertt. [Check applicable box(es)).
Condominium Rider Growing 13quity Rider O Other [s1~fYl
Flamed Unit Development Ride 8 cradtrated Payment Rider
f~-4N(W I aaos~ r.s. r d e mw.eg~l7
BY atON1N0 BBLOw, Borrower acoepta and agrees to the teams contained to this sassily I~ttumau aad in
any rider(s) executed by Borrower aad recorded wiW it.
Witnesses:
(seat)
-t~we.
-(seat)
-Bonoww
,, iv ~-- L ~ (Seaq
JULIO C. GARCIA -sorro.~c
~,~~.
(seal)
RISELDA GARCIA -nwmwer
-(seat)
-a«mwer
-(~)
(seal) (~)
-Burrower -Bomowec
SPATE OF IDA~~ ~~~/ ~,~y ~:
On this day of ~ , ~(!!/J iwfore ~,
a Notary Public in aad for said ~9 sad state, personally
JULIO C. GARCIA and CHRI ELDA CARCIA. HUSBAND AND WIFE
]mown to me to be the person(s) who executed the foregoing iastrumant, and aclawwledged to me that
hN the same.
In witaesa whereof 1 have lameunto sa my hand and affixes 7n o seat the day and year in this oatificate
fast shove written. ~
~y~pLLINpJ~ ,
ruta~~ e
e~
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STANDARDS FOR DAY CARE FACILITIES
STATEMENT OF COMPLIANCE
UDC 11-4-3.9: Day Care Facility
A. General standards for all child day care and adult care uses, including the classifications of day care center;
day care, family; and day care, group:
L In determining the type of day care facility, the total number of children cared for during the day and not
the number of children at the facility at one time, is the determining factor. The operator's children are
excluded from the number.
2. On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge and
pickup of clients.
3. The decision-making body shall specify the maximum number of allowable clients and hours of
operation as conditions of approval.
4. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between
6:00 a.m. to 11:00 p.m. This standard may be modified through approval of a Conditional Use Permit.
B. Additional standards for day care facilities that serve children:
1. All outdoor play areas shall be completely enclosed by minimum six-foot (6') non-scalable fence to
secure against exit/entry by small children and to screen abutting properties. The fencing material shall
meet the swimming pool fence requirements of the Building Code in accord with Title 10 of the
Meridian City Municipal Code.
2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required
yard.
3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk.
Certification:
I have read and understand the above standards for operation of a day care facility and certify that I will condttct
my business in accordance with these standards. If I cannot meet these standards, I am not allowed this accessory
use.
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Applicant's Signature: / ~ ~ Date: ~ ~/ 0 ~~
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July 16, 2008
Meridian Planning Department
660 E. Watertower Lane, Suite 202
Meridian, ID 83642
To Whom It May Concern:
The purpose of my request for an accessory use permit is so that I will be able to
provide childcare in my home. I will be providing childcare for less than 6 children in
my home, besides my own children. I have done all the steps in attaining my childcare
license. I have met the requirements of putting up a 6 foot wood fence enclosing my
back yard. If there are any other requirements I am not aware of, I will be willing to
comply with them as well.
Sincerely, ~ ~~ r, ~,~.~~ -' ~ 2--1,~L~-KS
~ M~d~,- sue: ~:~ ~- ~ci: ~~p~
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~hriselda Garcia
E IDIAN~-~-
t~aao
Planning Department
ACCESSORY U5E Application Checklist
Project name: l ' h (s155~ 5 O~y1 ~, (3 f~rP ,File #
Applicant/agent: ~ ~ (' j~~ t ~'
i ~lA.(~U L~
All applications are required to contain one copy of the following:
Applicant
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Description Staff
(~)
Com leted & si ned Administrative Review A lication
Narrative full describin the ro osed request
Recorded warranty deed for the subject roper
Affidavit of Legal Interest signed & notarized by the property owner (If owner is a cor
ti
pora
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submit a c of the Articles of Inc lion or other evidence to show that the si is an authorized a enL)
S ~e~vicinity~rtat~-showin t
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Planmn eS partment)
Scaled or dimensio ed s' lan showing the botmdaries of the ro ert floor plan of
ouse, area inte sso use, and arkin an and areas.
Fee
Additional Re tiirements for L1a Care'A lications
Include the following additional information in the narrative:
- The total number of children roposed tp be cared for durin the da ~,.
Include fencin details on the site plan (location t e of fence)
Standards for Da Care Facilities, Statement of Gom fiance form si ned b a plicant ~'
Neighborhood meeting sign-in sheet (Applicants ark required to hold a neighborhood meeting to provide
an ortuni for ublic review of the ro sed m'ect rior [o the submittal of an a lication.)
Additional Re ttirements for>Home Occu anon A lications
Standards for Home Occupations, Statement of Compliance form si ned b ap licant
APPLICATION WILL NO1' BE ACCEPTED UNLESS ALL ITEMS DN THE CHECKLIST ARE SUBMITTED.
660 E. Watertower Lane, Sttite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
(Rev. 4/-1I~b)
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